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ORDINANCE NO. 1311
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AN ORDINANCE OF THE CITY COUNCIL OF f1a C=_,QE_P&M.,
DESERT, CALIFORNIA, APPROVING A TEMPORARY ZONING
ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE
SECTIONS 25.56.040, 25.56.050, 25.56.080, AND 25.34.080 TO ALLOW A
TRIAL PROGRAM UNDER WHICH BUSINESSESS IN THE EL PASEO
OVERLAY DISTRICT USE OF PEDESTAL SIGNS YEAR-ROUND AND
HAVE BALLOONS UP TO 40 DAYS PER CALENDER YEAR FOR
BUSINESSES WITHIN THE EL PASEO OVERLAY DISTRICT THROUGH
DECEMBER 31, 2017, AND ADOPTING A NOTICE OF EXEMPTION FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
CASE NO: 16-265
WHEREAS, the City Council of the City of Palm Desert, California, did on the 271h day
of October, 2016, hold a duly noticed public hearing to consider the request by the City of
Palm Desert and approved the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
41h day of October, 2016, hold a duly noticed public hearing to consider the request by the City
of Palm Desert and recommended approval to the City Council of the above noted; and
WHEREAS, the El Paseo Merchants Association of the City of Palm Desert, California,
did on the 25`h day of August, 2016, recommended approval of the proposed zoning
modifications; and
WHEREAS, establishing a temporary Ordinance to allow year-round pedestal signs
for businesses along El Paseo within the El Paseo Overlay District and the use of helium
balloons up to 40 days a year, subject to a Temporary Use Permit (TUP), and other code
modifications for signage will help the businesses along El Paseo and could increase the
City's sales tax; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental Quality
Act," Resolution No. 2015-75, the Director of Community Development has determined that
the proposed project is under Article 19 Section 15311 Accessory Structures (a) On -
premise signs (Class 11) of the CEQA; therefore, no further environmental review is
necessary; and
WHEREAS, the City of Palm Desert believes that the recommendations allowing for
a trial program will strike a good balance between the merchants and the City, while
preserving the upscale shopping experience along El Paseo; and
ORDINANCE NO. 1311
WHEREAS, City staff shall immediately take steps to study the potential impacts
during the temporary trial program on the public health, safety and welfare, and of possible
amendments to the Palm Desert Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Adoption of Recitals. The City Council of the City of Palm Desert
hereby adopts the foregoing recitals as its findings in support of the following regulations
and further finds that the following regulations are necessary and appropriate to protect the
health, safety and welfare of the residents and businesses of Palm Desert.
SECTION 2. Temporary Amendment to the Palm Desert Municipal Code.
Section 25.56.040 Exempt Signs is amended as follows:
An amendment to Section 25.56.040 N. "Open" is proposed to correlate with the
modifications to Section 25.56.080 G. "Pedestrian -oriented signs." Below is the current
language with the modifications in bold font.
"Open" signs, not within the El Paseo Overlay District per Section 25.56.080 G.
"Pedestrian -oriented signs" are allowed, subject to the following: Mounted on the
inside of a window or on a pedestal near the main entrance, if a window sign is not used.
Maximum sign area shall be three (3) square feet. Signs may be double -sided. Pedestal
signs shall be located on private property and shall not interfere with pedestrian movement.
Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing.
SECTION 3. Temporary Amendment to the Palm Desert Municipal Code.
Section 25.56.050 Prohibited Signs is amended as follows:
An amendment to Section 25.56.050 A. "Advertising devices" is proposed to also correlate
with modifications to Section 25.56.080 G. "Pedestrian -oriented signs" in regards to the use
of balloons as advertising devices. Below is the current language with the modifications in
bold font.
The following signs, displays, and devices, as defined in Chapter 25.99 are prohibited in the
City:
A. Advertising devices, unless otherwise specified in another section within Chapter
25.56 Signs.
SECTION 4. Temporary Amendment to the Palm Desert Municipal Code.
Section 25.56.080 G Pedestrian -Oriented Signs is amended as follows:
Below is the current code for Section 25.56.080 G. "Pedestrian -oriented signs," with the
proposed added language shown in bold font.
1. Businesses in the commercial and industrial districts, excluding businesses within
the Ell Paseo Overlay District, may place a pedestrian -oriented A -frame or pedestal
mounted "open" sign in front of a business, subject to the following standards:
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ORDINANCE NO. 1311
a. Maximum sign area shall be three (3) square feet for pedestal signs on each
side, and five (5) feet for A -frame signs on each side;
b. Maximum sign height shall be 54 inches;
c. Signs shall be placed on private property in a location that does not impede
pedestrian traffic flow;
d. Signs shall be designed and located so as to not distract from the appearance of
the building or violate the intent of this chapter;
e. Signs shall not include extraneous verbiage advertising the business, specials, or
sales events; and
f. Signs shall be removed when the business is not open for business.
2. For businesses within the El Paseo Overlay District between Portola Avenue
and Highway 74, the following standards apply:
a. Pedestal signs are allowed year-round during the business's operating
hours;
b. A -Frame signs are not permitted;
c. Businesses with less than 24 lineal feet of building frontage are allowed
one (1) pedestal sign up to a maximum of three (3) square feet and a
maximum sign height of 54 inches;
d. Businesses in excess of 25 lineal feet of building frontage are allowed one
(1) pedestal sign up to a maximum of 22" w x 14" h or 22" w x 28" h, and a
maximum sign height of 54 inches;
e. Signs may include the word "open" advertising the business with artwork
such as a model, product, and logo, business name, and promotional text;
f. Signs shall not include the word "sale" or "sales";
g. Except as provided for under 2.K below, no decorative elements are
allowed on the pedestal frame;
h. Signs shall be placed on private property in a location that does not
impede the sidewalk and pedestrian traffic flow;
L City approval of the sign is required by the Department of Community
Development/Planning. A City approval identity sticker will be issued and
must be placed on the sign;
j. Signs shall be professionally designed, fabricated, and well -maintained at
all times; and
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ORDINANCE NO. 1311
k. Helium balloons are allowed subject to the following standards:
a) The business must obtain approval of a Temporary Use Permit (TUP)
from the Department of Community Development/Planning;
b) Each business is allowed up to 40 days per calendar year, and no
extensions will be granted;
c) The dates must be identified on the TUP application;
d) No more than three (3) helium balloons are allowed;
e) Each helium balloon must be a solid color with no wording and shall not
exceed 18" in size;
f) Each helium balloon must be attached to the pedestal sign and floating
to a maximum of four (4) feet above the sign at all times;
g) Each helium balloon must not impede into the sidewalk or blow into
pedestrians;
h) The business must agree not to release the balloons into the air; and
i) If the City receives complaints about the balloons from more than two
independent sources, then the Director of Community Development
may revoke the TUP.
SECTION 5. Temporary Amendment to the Palm Desert Municipal Code.
Section 25.34.080 Temporary Uses is amended as follows:
An amendment to this section is proposed to add the use of balloons subject to a TUP to
correlate with Section 25.56.080 G. "Pedestrian -oriented signs." Below is the current
language with the modifications in bold font.
C. Allowed temporary uses. The temporary uses listed below are permitted with approval of
a temporary use permit in compliance with the provisions and limitations listed herein.
8. Helium Balloons — The use of helium balloons is allowed for businesses along El
Paseo within the El Paseo Overlay District per Section 25.56.080 G. "Pedestrian -
oriented signs."
SECTION 6. Severability. If any provision of this temporary ordinance or the
application thereof to any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of the ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this ordinance are
severable. The City Council hereby declares that it would have adopted this ordinance
irrespective of the invalidity of any particular portion thereof.
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ORDINANCE NO. 1311
SECTION 6. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 271h day of October, 2016, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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